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North Carolina
Tyrrell County
Original Will at N. C. Archives
March 31, 1824
I James Wood of the state and county aforesaid being in a low state of health but being in my perfect sinces and thinking it adviseable for me to dispose of my earthly estate in some manner do make this my last will and testament after giving my sole unto the almity God who gave it do disposeth of the same in the folowing manner
Item 1st I give and bequeath unto my son Francis Ward Wood all my land on the east side of the rode leading unto John Haughton's plantation commonly called the Davis Plantation which I purchased of Joshua Spruill I also give him one negro boy named Cooper and one girl named Mira one cow and calfe one mare and colt which is in his posession to him and his heirs for ever
Item 2th I give and bequeath unto my son Richard Wood all the rest of my lands on the west side of Scuppernong River including the maner plantation also one negro boy named Horace to him and his heirs for ever
Item 3th I give and bequeath unto my daughter Elizabeth W. Wood one negro boy named Artis(?) and one girl named Matilda to her and her lawfull heirs for ever
Item 4th I give and bequeath unto my daughter Susan E. Wood one negro boy named George and one girl named Rina to her and her lawfull heirs for ever
Item 4th I give and bequeath unto my daughter Ann Wood one negro boy named Moses and one girl named Milly to her and her lawfull heirs for ever
It is my will and desire that all my just debts be paid out of my property not named and all the residue after paying said debts to be equally divided between my son Richard Wood and my daughters Elizabeth W. Wood, Susan E. Wood and Ann Wood and their lawfull heirs for ever
It is my further will and desire that a certain peace of land lying on the south side of Little Alligator Creek be sold at the discretion of my executors hereafter named and to be approprated to the payment of my debts
I do hereby nominate and appoint my friends John F. Niel and Henry Alexander my lawfull executors to this my last will and testament revoking all other will made heretofore by me in testamony hereunto I set my hand and seal this day March 31 - 1824
Jas Wood
Inter lined before signed
signed in presence of us
Sarah Wood
J. H. Ellis
(No probate information.)
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.57), Box 57
Wood, James Junr., 1824
Summons dated the 4th Monday in April 1824 for John F. Niel, executor of James Wood deceased, to appear in court on the 4th Monday in July next to render unto James H. Ellis $179.50 which he owes and unjustly detains to his damage 20 pounds. Note on rear showing Francis Wood binds himself for the costs of this suit should the plaintiff fail to prosecute the same on 13 Jul 1824.
Summons dated the 4th Monday in April 1824 and issued 10 Jul 1824 for John F. Niel, executor of James Wood deceased, to be at court on the 4th Monday in July 1824 to answer unto Jesse Spruill of a plea of trespass on the case to his damage 100 pounds.
Court order April Term 1824 for Henry Alexander, Daniel N. Bateman, John Marriner, John Haughton & Thomas Old (or any three of them) be appointed commissioners to deliver the papers in the Clerk's office of James Wood deceased to the present clerk of this court. Signed by Wilson B. Hodges Clk.
Commissioners Report dated 6 May 1824 and signed by Henry Alexander, John Marriner & Danl. N. Bateman. Per a court order issued April Term 1824, the commissioners met at the late residence of James Wood deceased, the former Clerk of this court, and have delivered unto Wilson B. Hodges, the present Clerk, all the papers that they believe belong to the Clerk's office of Tyrrell County with the exception of the trial papers and appearance papers up to the term held the first Monday after the fourth Monday in December 1823 and April Term 1824. No such papers were found in said office. There was also no money found in said office on any suit determined or depending, neither have we found any acknowledgement of the same on any record of the said office. Endorsement on the back says the papers that relate further back than the appointment of James Wood we delivered without examination unto the current Clerk, Wilson B. Hodges. Further endorsement by Wilson B. Hodges that he received of the Commissioners the papers within named. I myself being present at the examination. The exceptions thay have made, I also make on my part. Then further endorsed at July Term 1826 by Wilson B. Hodges saying that since the delivery of the papers I have found the trial papers in the suits marked in the dockets, except the papers relating to the suit of Etheridge vs. Kemp which were referred to the Clerk to make up the accounts.
Writ dated 11 Jun 1824 for the Sheriff to arrest the body of Harmon Spruill and have him before a Justice of the Peace to answer the complaint of John F. Neil, executor of James Wood deceased, in a plea of debt by account in the sum of sixty dollars. Judgement 26 Jun 1824 for $1.40 and all costs by Z. Tarkenton. Appeal craved and granted with Z. Tarkenton & Francis Wood securities.
Note dated 22 Jun 1824 from J. H. Ellis for $71.96 to John F. Niel executor of Jas. Wood deceased for property he bought at the vendue on 5 May 1824 and for which he agrees to allow on his account against the said deceased.
Account of James H. Ellis against the estate of James Wood deceased from 1819 through 1824. One entry for medicine and attendance upon himself and the family from 6 Jul 1822 to 13 Apr 1824 when Woods died.
Summons dated and issued 26 Jul 1824 for Jas. A. Spruill, Daniel N. Bateman & Nehemiah Norman to appear at court on the 4th Monday in October next and testify on behalf of Jesse Spruill in a case where Jesse Spruill is plaintiff and Jno. F. Niel, executor of James Wood deceased, is defendant.
Summons dated the 4th Monday in July 1824 for Wm. Spruill to be at court on the 4th Monday of October next to testify on behalf of the defendant in a case where Jas. H. Ellis is plaintiff and Jas. Wood executors defendants.
Summons dated the 4th Monday in July 1824 for Wm. Spruill to be at court on the 4th Monday of October next to testify on behalf of Jno. F. Neil, executor of Jas. Wood deceased, in a case where Jas. H. Ellis is plaintiff and Jno. F. Niel executor is defendant.
Summons dated the fourth Monday in July 1824 and dated 26 Jul 1824 for Daniel N. Bateman, John Marriner & Sally Spruill to be at court on the 4th Monday in October next to testify on behalf of James H. Ellis in a case where James H. Ellis is plaintiff and Jas. Wood executors defendants.
Summons dated the 4th Monday in July 1824 and issued 27 Jul 1824 for Daniel N. Bateman & James A. Spruill to be in court on the 4th Monday in October next to testify on behalf of Jesse Spruill in a case in which Jesse Spruill is plaintiff and James Wood's executor is defendant.
Summons dated 26 Jul 1824 for Myers F. Truitt to be at court on the 4th Monday in July instant to give evidence in a suit wherein John F. Niel, executor of James Wood is plaintiff and Harmon Spruill is defendant.
Summons dated the fourth Monday in July 1824 for M. F. Truitt to be at court on the fourth Monday in October next to testify on behalf of the plaintiff in a case where James Wood executor is plaintiff and Harmon Spruill is defendant.
Summons dated 25 Oct 1824 for Nathaniel Bratten, Zeb. Tarkenton & Uriah Spruill to appear at the court now in session on the fourth Monday in October 1824 to testify on behalf of Harmon Spruill in a case in which Jno. F. Niel is plaintiff and Harmon Spruill is defendant.
Summons dated 26 October 1824 for Sally Spruill wife of Harmon to be at court on the 4th Monday of October next to testify on behalf of James H. Ellis in a case where Jas. H. Ellis is plaintiff and Jas. Wood executors defendants.
Summons dated the 4th Monday in October 1824 and issued 5 Jan 1825 to the Sheriff of Washington County for Wm. L. Chesson, Clerk of the County Court of Washington County to be at court in Tyrrell County on the 4th Monday in January next and produce, on behalf of Jesse Spruill, all the papers in a suit which Richard Downing brought against Jno. Freeman, Richard Wood and said Spruill to include the note, judgement and all the executions with all the endorsements thereon as evidence in a certain matter of controversy depending in said court and then and there to be tried wherein Jesse Spruill is plaintiff and James Wood's executor is defendant.
Writ dated 30 Feb 1825 to arrest the bodies of R. Lucas, J. A. Sptuill & Talket Davenport and have them before a Justice of the Peace to answer the plea of James Wood's executors in a plea of debt due by note in the sum of forty pounds. Confessed 26 Mar 1825 before B. W. Halsey for the sum of $50.10, interest from 4 Nov 1824 and lawful cost with a credit of $9 dated 26 Jan 1825. Stay craved and gives Jesse Spruill as security.
Execution dated 20 Mar 1826 against the goods & chattels and for want thereof on the lands & tenements of Francis Wood, Abraham Chesson & William A. Tarkenton and sell so much as will satisfy a judgement obtained against them on 18 Mar 1826 before Zebulon Tarkenton Esq. in favor of John F. Neil, executor of James Wood deceased, for the sum of $57.51, interest from 1 Jan 1826, 80 cents cost and your fees. Levied on a tract or parcel of land said to be the property of Francis W. Wood adjoining the lands of John Mariner deceased, James Wood deceased and Uriah Spruill and others near Scuppernong River.
Execution dated 20 Mar 1826 against the goods & chattels and for want thereof on the lands & tenements of Francis Wood & William Spruill and sell so much as will satisfy a judgement obtained against them on 18 Mar 1826 before Zebulon Tarkenton Esq. in favor of John F. Neil, executor of James Wood deceased, for the sum of $69.06 with interest from 5 Nov 1824 and 80 cents cost and your fees. Levied on a tract or parcel of land said to be the property of Francis W. Wood adjoining the lands of John Mariner deceased, also the lands belonging to the heirs of Benjamin Spruill deceased, the lands of John Bateman deceased, the lands of Uriah Spruill and the lands of James Wood deceased near Scuppernong River.
Petition at October Term 1826 by Elizabeth Neil & John F. Neil, her husband, and of Susan, Richard, by Henry Alexander his next friend, and Ann Wood, by her next friend Josiah Flowers ? complaining that James Wood the father of said Elizabeth, Susan, Richard & Ann died possessed of several negroes to the value of ten thousand dollars and that petitioners are desirous that partition should be made of the same equally among them.
Writ dated the 4th Monday in October 1826 and issued 29 Nov 1826 for the Sheriff to have the bodies of Francis Woods, William A. Tarkenton & Abraham Chesson at court on the 4th Monday in January next, then and there to satisfy and pay unto Jno. F. Neal, executor of James Wood deceased, the sum of $38.96 for debt and interest and $6.65 for cost of suit.
Execution dated 20 Mar 1826 against the goods & chattels, lands & tenements of Francis Wood, Abraham Chesson & William A. Tarkenton to satisfy a judgement obtained against them on 11 Mar 1826 by John F. Neil, executor of James Wood for $57.51 with interest from 1 Jan 1826 and 80 cents in cost. Levied on a tract of land belonging to Francis W. Wood near Scuppernong River and joining John Marriner deceased, James Wood deceased, Uriah Spruill and others.
Execution dated 20 Mar 1826 against the goods & chattels of Francis Wood & William Spruill and for want thereof their lands and tenements to satisfy a judgement obtained against them on 18 Mar 1826 by John F. Neil, executor of James Wood for $69.06 with interest from 5 Nov 1824 and 80 cents in cost and your fees for this servive. Levied on a tract of land belonging to Francis W. Wood near Scuppernong River and joining John Marriner deceased, the heirs of Benjamin Spruill deceased, the labds of John Bateman deceased, James Wood deceased, Uriah Spruill and others.
There are more documents in this file dealing with debts to and from the estate. Also the dransfer of court documents to Wilson B. Hodges.
Transcriber's Notes:
Tyrrell County Marriage Bonds show the marriage of James Wood Jr. to Deborough Ward on 3 May 1800, Richard Wood security.
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